The death of Ginsburg
CNN has warned Moscow Mitch that filling the seat now could "break American democracy". Like he gives a shit. They may be right that Democrats would never accept a new justice confirmed under these circumstances as legitimate, but we'll never accept the stonewalling of Garland as legitimate either, and what difference has that made? Refusing to accept something as legitimate is irrelevant unless you have the power to do something about it, and right now, it's McConnell who has the power. And he's already said he'll hold a vote on a Trump nominee for the seat, hypocrisy be damned.
Two Republican senators have previously said they wouldn't support filling a seat just before the election, but we'd be foolish to take that at face value -- one of them is Collins, who always wrings her hands and expresses "concern" and then goes ahead and votes for whatever abomination the party has put on the table.
TPM has said the obvious -- if the Republicans fill the seat and then the Democrats win the Senate and presidency, they should abolish the filibuster and expand the Supreme Court in response. One Democratic senator has already declared that this should be the party's position. I agree that they should, in fact, do this after the election -- but I don't think they should make it an explicit threat about Ginsburg's seat, on the following grounds. If, for whatever reason, McConnell fails to get a new justice through, it might discourage the Democrats from going ahead when the time comes, since it would look like the Republicans backed down in the face of the threat and then we pulled the trigger anyway. In fact, abolishing the filibuster and expanding the Supreme Court are already things we will need to do to restore democracy (as I argued last year) -- the stonewalling of Garland is justification enough -- and should be part of the explicit Democratic position regardless of what happens with Ginsburg's seat.
In any case, the idea that McConnell's denial of a vote on Garland set a "precedent" which he must now honor is nonsensical. There was no principle involved then, nor is there now; it was all about power then and it's all about power now. The president is the president, and the Constitution says nothing about the president's right to nominate judges being abrogated for some interval before an election. Garland should have gotten a vote, period. In any case, McConnell will do what he will do, no matter what the Democrats or CNN say. Then, after the election, it's our turn.
posted by Infidel753 at 2:40 AM
11 Comments:
A great loss indeed.
You sound a lot more optimistic than I feel about the outcome of the presidential election, so here's hoping you are right about that.
First thing I heard when I turned on the morning news ... this is lousy, period... I was just shaking my head, thinking, "that's all we need, as if we don't have a full plate of problems to begin with". I been concerned over the last few years, since Trump being President ... how long she will last, with all she's been through? ... hoping that nothing would happen to her while he is President, and his type following, Republican domination of Senate, etc. I was impressed how she stood working despite all she was up against. As far as I'm concerned, we already had enough right wing picks since Trump's been in. You know that all your anti- abortion, anti- gay fundamoralists were probably on their knees this morning thanking God. I can only imagine now, what kind of fight this will lead to in Congress, as we are only a stones throw away from elections, and Democrats have to try to pose and cater to a more right slant, to try to get those moderate Republicans and swingers to vote for them ... or try to get anyones vote, just to have a strong voting turnout against Trump. Because even though all the media is talking about how bad Trump is, and how Biden is gainng this and that, etc ... I DON'T have any reason to trust any polls ... I trusted the polls when they said Clinton would have the election, and how great she was doing in the polls, etc. You know how f'n semi- puritanical and right leaning America is ... and the right wing don't waste time, and actually get out and vote when their balls are to the wall.
BTW ... I already filed my papers for mail in voting in Texas/ Dallas County (the Democrats here, been asking us to, and helped. I never done it before, but figured "what the Hell, I'll give her a try", because it is also easy for me to just walk in, but early, like the first day of early voting, to avoid crowds. I mention this, because all this Texas "Trump" right wing media talk that Harris Texas (Houston) is just mailing anybody mail in ballots to it's "2.4 million" residents, to even illegal aliens, how easy it is to cheat on it, etc ... all pure bullshit! They said that Harris County mailed out ballots to everyone (what Trump followers were saying here in Texas) ... that is CRAP!! Harris County ONLY wanted to mail out ballots to all "registered voters" (both Republican and Democrat), not all Harris County voters as they're saying (folks in Austin like Dan Patrick want to take it to court to stall until election, to make it too late) ... first place, Harris County has double the population they're sayin, they say ALL 2.4 million in Harris County? ... no, Harris County has at least 4.7 million .. so all this right wing hysteria here, is ALL false.
Let me tell you how much mess it was to vote by mail. First I had to do an app online with Dallas County Democrats, then they had to confirm my online, with their records. Then they emailed me with further instructions. Then they USPS mailed my another application, I sent that back, they re- confirm "IT" ... now I should be getting my ballot this week, and have to mail it back ASAP (I'm gonna do it the day I get it, and not take any chances, even though I have until a couple weeks before election). So ALL this nonsense out of these Trumpsters and Republicans, about sending out all these to just anyone, and Trump saying that folks can photo- copy them, give them to illegal aliens and their little kids, or vote for dead people and the rest ... is ALL LIES. What I had to go through just to vote by mail, was more difficult than in- person ... and I been registered to vote, since 1974, at that.
This is like a bad omen to me...RBG dying that is. I’m not confident at all that Biden will win.
I’m in Fla. And here they’ve done vote by mail for a long time, but I would not trust the mail..no way, so I’ll either take it to the election headquarters where there is a Dropbox or do early voting.
"Beyond abortion, a new Trump appointee would be devastating for civil rights. There would be a sixth vote for religious and moral exemptions from general laws, including anti-discrimination laws. There would be a sixth vote against protecting LGBT people under the Constitution. There would be a sixth vote against affirmative action. There would be a sixth vote for saying that sex discrimination under the Constitution isn’t protected because the authors of the Fourteenth Amendment were only thinking about race. These rulings would have vast impact for women, people of color, LGBT folks, people with disabilities, the elderly, the indigent, veterans, and more. And the impact would be in almost every walk of life — employment, housing, education, government services, just to name a few."
From Rolling Stone..
Debra: Indeed.
Jack: I'm always on guard against overconfidence, but the available evidence suggests this is going to be a win for our side, possibly a massive one.
Ranch: I've seen one comment thread on a right-wing blog about her death. Far from classy, to say the least.
The polls weren't really much off in 2016. Right before the election they had Hillary ahead two percentage points, and that's how the popular vote came out. Trump won the Electoral College by winning razor-thin margins in three states that usually go Democratic and hadn't been polled adequately, and that kind of thing is really difficult to predict, given the margins of error in polls. But it's true, we can't risk overconfidence. Every vote is needed.
Of course they lie about voting by mail. As usual, Trump spouts whatever bullshit comes into his head, and then other Republicans have to make things up to try and support whatever he said.
Mary: Of course, replacing Ginsburg with a wingnut would be a disaster. In theory there are things the Democrats could do to slow things down in the Senate, but whether they can draw out a confirmation process until January -- or at all -- is impossible to say. McConnell's a wily operator. If a Trump appointee is confirmed, the only option will be expanding the Supreme Court after January. And Democrats will be mad enough that the odds are pretty good they'd do it.
2020 strikes again.
It's sad that she died. Whenever I hear of someone dying of cancer it just kinda hits home for me because of hubby.
So depressing. Her passing made me very sad.
It's been a miserable year in so many ways.
Such a great loss, and a lady I truly admired. It was so cool to see her trainer give a 3 push-up salute to commemorate their fitness partnership for so many years. She's now with her amazing and supportive husband arm in arm. RIP RBG. Hugs, RO
I'm not as knowledgeable as some about Ginsburg's career and accomplishments, but clearly she had a great impact on the country. It's a travesty that an ankle-biting pipsqueak like Trump gets to replace her.
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